The Supreme Court of Canada ruled Friday against federal legislation on the environmental effects of major developments, with five out of seven judges finding most of it unconstitutional because it seeks to regulate activities within provincial jurisdiction.

Chief Justice Richard Wagner, writing for the majority, said the law as written could regulate activities that are provincial business, instead of restricting itself to environmental effects that are within Ottawa害羞草研究所檚 power to oversee.

害羞草研究所淓ven if this court were to accept Canada害羞草研究所檚 submission that the defined 害羞草研究所榚ffects within federal jurisdiction害羞草研究所� are within federal jurisdiction, these effects do not drive the scheme害羞草研究所檚 decision-making powers,害羞草研究所� he wrote in the 204-page opinion released Friday.

Wagner went on to say that the effects considered in the legislation previously known as Bill C-69, which included a range of environmental and social factors as well as climate change, were 害羞草研究所渙verbroad.害羞草研究所�

害羞草研究所淚t is difficult to envision a proposed major project in Canada that would not involve any of the activities that 害羞草研究所榤ay害羞草研究所� cause at least one of the enumerated effects,害羞草研究所� he wrote.

害羞草研究所淭he scheme invites the federal government to make decisions in respect of projects that it has no jurisdiction to regulate.害羞草研究所�

Two judges dissented, saying the law was constitutional.

Stewart Elgie, law professor and head of the University of Ottawa害羞草研究所檚 Environment Institute, said the court害羞草研究所檚 opinion doesn害羞草研究所檛 strike down the law, nor will it change much about how environmental assessment is actually done.

害羞草研究所�(The court) said this act is too broad in a couple places and has the potential to allow intrusion into provincial jurisdiction 害羞草研究所� not that it actually has done that.害羞草研究所�

害羞草研究所�(The government) needs to tighten the act up to reflect how the federal government actually does environmental assessment.害羞草研究所�

Elgie said wording in the act about 害羞草研究所減ublic interest害羞草研究所� is too broad.

害羞草研究所淭hat would allow the federal government to decide on effects outside its jurisdiction.害羞草研究所�

Elgie said the decision doesn害羞草研究所檛 strip Ottawa of its ability to regulate greenhouse gases or a wide variety of other environmental effects from health to habitat 害羞草研究所� they just have to be linked more closely to federal powers.

害羞草研究所淭he federal government still has really broad authority to regulate projects through environmental assessment,害羞草研究所� he said. 害羞草研究所淚t just doesn害羞草研究所檛 have unlimited authority.害羞草研究所�

Enacted in 2019, the law lists activities that would trigger a federal impact review.

Alberta opposed it, arguing the law gives Ottawa power to stick its nose into provincial matters such as resource development. In 2022, it asked the Alberta Court of Appeal for a legal opinion.

The Appeal Court, in its strongly worded opinion, called the law an 害羞草研究所渆xistential threat害羞草研究所� to the division of powers in the Constitution and a 害羞草研究所渨recking ball害羞草研究所� on the rights of Alberta and Saskatchewan.

The Impact Assessment Act is now the second such piece of legislation to be thrown out by the courts.

In 2016, the Federal Court of Appeal struck down assessment legislation passed by the Conservative government of Stephen Harper.

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